Purchase and Hire agreement

 TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) for purchase or hire listed on our website www.beckettsbride.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Services from our site or via email. You should understand that by ordering any of our Services via email or telephone conversation, you agree to be bound by these terms and conditions.

OUR SERVICES

Our Service allows customers to access the Site to purchase or hire Garments from Becketts Bride in accordance with the Terms of Use and these Terms and Conditions. The customer can choose a wedding dress to purchase or hire from an on-line selection, and then collect it from the store or to arrange a collection. For hire this is done with a return date which is 3 days after the wedding unless otherwise agreed. We reserve the right to limit the number of items that a member may borrow at any time. The currently available borrowing options and rates, are outlined in detail on our site. Also, the current delivery policies governing the delivery and return of Garments are detailed on the Site. Delivery time for Garments you have selected to borrow may vary based upon (a) inventory availability, (b) collection arrangements, (c) when you place an order, and (d) other circumstances impacting delivery/collection. Accordingly, Becketts Bride makes no guarantees as to actual delivery time. The risk of loss for items delivered asses to you upon our delivery to the carrier.

Sale and hire – please see below.

Sale or return – Becketts Bride offer a sale or return option when selling your dress. The customer will agree the sale price prior to Becketts Bride advertising the dress. The original owner of the gown must state all details including any imperfections on the gown to Becketts Bride prior to advertising of the dress. The total amount minus commission of 10% will then be paid directly to the client once a sale is achieved. The advert will state that the gown is sold on behalf of a client in the advert so that the buyer is aware that the gown is not owned by Becketts Bride. 

By visiting or browsing the Site, you accept these Terms of Use and any modifications that may be made to the Terms of Use from time to time; if you do not agree to these Terms of Use you should not use the Service, or visit or browse the Site.

The dress purchased is either a cancelled order, sample or used for promotional activities and are not new gowns therefore may have signs of wear including slight rips/tears to the fabric or marks. Any damage considered by Becketts Bride as noticeable would be discussed with the client. Once the gown is collected or delivered, Becketts Bride hold no responsibility for the condition of the gown thereafter and the buyer confirms they are happy with the condition of the gown once the dress leaves the property of Becketts Bride. We do not offer refunds after delivery / collection of the gown.

A deposit of 50% is required on ordering or 100% if the gown is required within 1 month of the purchase date. Once payment has been cleared, the dress will be ordered and will arrive within 6 months of the order date. This is non-refundable if the client wishes to cancel the order.

Once the dress is collected or delivered by Becketts Bride, the buyer accepts the condition and Becketts Bride will not accept any responsibility for the gown thereafter. We do not offer refunds after collection of the gown.

The authenticity if the gown is guaranteed.

If a Garment is returned in a damaged or dirty condition that exceeds normal wear and tear, as determined by Becketts Bride in its sole discretion, you agree that we may invoice you for the full cost of replacing such Garment as well as charge you the full amount of any lost earnings or incurred costs resulting from the damage. The Garment replacement fee will vary depending on the specifics of each Garment and its amount is to the full discretion of Becketts Bride.

Under no circumstances are customers to attempt to clean any Garments themselves by any means (dry cleaned or otherwise). If done so, Becketts Bride reserves the right to invoice for part or full replacement value of the items and charge you the full amount of any potential lost earnings or incurred costs regardless of whether any damage has been caused.

You should print a copy of these terms and conditions for future reference.

It is the customer’s responsibility to print and sign the Terms and conditions otherwise automatically agreeing to abide by these terms online. Please sign where marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any of our Services from our site.

2. Service availability our service

Our site is only intended for use by people resident in the UK only. We do not accept orders from individuals outside the UK.

3. Your status

By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the UK.

4. How the contract is formed between you and us

4.1 After placing an order and the deposit is received, you will receive an e-mail from us acknowledging that we have received your order and for the date of the hire. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to use our Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Garment you are renting is confirmed). The contract between us (Contract) will only be formed when collection is made.

5. Our status

5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that garments you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6. Consumer rights and cancellations

6.1 If you are contracting as a consumer, you may cancel or amend a Contract within seven working days, beginning on the day after you have placed your order for hire of the Garment and before the Garment has been delivered or collected however the deposit is non-refundable. In this case, you will receive a refund minus the deposit of the price paid for the service in accordance with our refunds policy (set out in clause 10 below).

6.2 Unless otherwise approved by us, should a Garment be kept overnight by the customer and not returned if the Contract has been cancelled or the return date has lapsed or for any other reason, we shall charge 30% per day of the full rental fee as a penalty.

6.3 If a garment is not returned, then on day five, after the garment is due back, we will charge you for the full retail price of the Garment.

7. Availability and delivery

Your order will be fulfilled by the delivery date set out in the Email Confirmation.

8. Risk

8.1 The garments will be at your risk from the time of delivery or collection.

8.2 Garments are hired to the customer on the understanding that they shall be returned in an undamaged condition and the customer will be responsible for, and indemnify us against, any loss or damage to the goods whilst on hire. This does not cover loss, theft or malicious damage sustained to dresses. Eg. Tears due to dancing, cleaning, rips due to trying to fit a larger size person than what the garment size suggests. In this case, we will charge for the value of the damage, or for the full retail price of the garment, whichever is applicable. Garments damaged will be charged as indicated above. Liability in any event is limited to the value of the cost of the retail price of the garment

9. Price and payment

9.1 The price of any garments will be as quoted on our site from time to time, except in cases of obvious error.

9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out on email if applicable.

9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a email Confirmation.

9.4 Our site contains a large number of Garments and it is always possible that, despite our best efforts, some of the Garments listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Garment’s correct price is less than our stated price, we will charge the lower amount when dispatching the Garment to you. If a Garment’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Garment, or reject your order and notify you of such rejection.

9.5 We are under no obligation to provide the Garment to you at the incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Garments must be by bank transfer or cash and funds must have cleared before collection.

9.6 When you borrow a garment you will be required to provide us with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize us or our agents to bill your credit/debit card the applicable fees, per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The applicable fees will be charged to your credit/debit card on the date your order has been made. If your garment is not returned on the due return date agreed when the order was made, we will charge your credit/debit card for each overdue day, at the rate set in clause 10.2 below for that garment, until a return shipment has been booked by the customer and we are notified by the courier company.

9.7 If we do not receive payment from your credit/debit card provider or if your credit/debit card expires or is rejected, you agree to pay all amounts due upon demand. we reserve the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

9.8 You are solely responsible for any and all fees charged to your credit/debit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

10. Our refunds policy

10.1 When you cancel an order because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible minus the deposit paid and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the order minus the deposit.

10.2 If you fail to fulfill agreed upon terms, your credit/debit card will be charged for the full, non-discounted fees and charges for the entire period you booked the dress for.

11. Our liability

11.1 We warrant to you that any Garment hired from us through our site is of satisfactory quality and reasonably fit for all the purposes for which garments of the kind are commonly supplied. Dresses for hire have been previously worn therefore there will be minor signs of wear and tear.

11.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the hire price of the garment you have ordered.

11.3 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or
(d) For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.

12. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. Notices

All notices given by you to us must be given to Becketts Bride, 61 River View, Tarleton, Preston, Lancs, PR4 6ED. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. Transfer of rights and obligations

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. Waiver

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

17. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

19. Our right to vary these terms and conditions

19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order garments from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Garments).

DRESSES FOR SALE ON BEHALF OF CUSTOMERS

Becketts Bride offer a service to sell customers wedding dresses on behalf of clients. Becketts Bride charge a fee on 10% commission for selling the gown. This fee is applicable if the gown has been sold from the showroom or via an agreement if the gown is to be stored at the customers home.

Becketts Bride will advertise the dress on the website. Customers can also advertise their gown elsewhere and pass on contacts however the 10% fee will not be waivered.

Becketts Bride have the right to refuse selling the gown on the customers behalf without notice and the dress will be returned to the customer or stored at a charge.

The dresses in the showroom will be tried on by potential customers, the upmost care will be taken however the gown may endure some minor damage or marks.